Legal studies

legal rules - definition

legal rules are created by law-making bodies such as parliament, which are enforceable through the courts and apply to all members of society.

legal rules - examples

- drug trafficking

- drink driving

- not reading street signs

non-legal rules - definition

non-legal rules are created by leaders of groups and organisations, enforceable by the people that make the rule, and apply to members of groups and organisations.

non-legal rules - examples

- breaking curfew

- too many earrings at school

- incorrect uniform at school

a crime - definition

a crime is an act or omission that is against an existing law, causes harm to an individual or society and is punishable by law.

criminal law- definition

criminal law is an area of law that aims to protect society from harm by defining prohibited behaviours and outlining sanctions for those who participate in illegal conduct.

criminal law - burden of proof

the prosecution bears the responsibility of proving the facts of the case and the guilt of the accused.

criminal law - standard of proof

the prosecution must prove the accused is guilty beyond reasonable doubt (no logical possibility that the accused is innocent base on evidence presented)

criminal law - jury

no jury in Magistrates' Court, compulsory jury of 12 in County and Supreme Courts when accused pleads not guilty.

criminal law - examples

indicatable: murder, manslaughter, rape

summary: speeding, drink-driving, shoplifting

civil law - definition

civil law is an area of law that defines the rights and responsibilities of individuals, government entities, and organisations, and provides a legal framework for when these parties interact with each other.

civil law - burden of proof

the plaintiff has the responsibility of proving the defendant is liable for the action that has caused harm, loss, or damage.

civil law - standard of proof

the plaintiff must prove the defendant is liable on the balance of probabilities.

civil law - jury

no jury in Magistrates' Court, optional jury of 6 in County and Supreme Courts.

civil law - examples

negligence, defamation, nuisance, trespass, contract law.

need for laws

laws are needed to provide guidelines of acceptable behaviour and prevent conflict.

characteristics of an effective law

- reflects society's values

- is known

- is stable

- is enforceable

- is clear and understood

reflects society's values - definition

the law upholds what the majority of society accepts and believes in. laws need to change when society's values change.

reflects society's values - example

- same sex marriage

- abortion

is known - definition

people are aware of a law and changes to it, with adequate time being provided to become familiar with any new laws or changes.

is known - example

- driving using moblie phone

- COVID lockdown laws

is stable - definition

must be a degree of consistency in laws. constant change will lead to confusion and the public ignoring the law.

is stable - example

- littering

is enforceable - definition

if people break a law, it must be possible to catch them and impose consqeunces.

is enforceable - example

- road laws

is clear and understood - definition

individuals can comprehend the requirements of a law and are able to abide by it. laws must be clear in intent and meaning.

is clear and understood - example

- murder

- theft

bail - definition

bail is the temporary release of an individual who has been charged with a criminal offence, pending trial or hearing.

remand - definition

remand refers to the act of sending a person who has been arrested into custody while awaiting trial.

the need for criminal law

- protection of society

- deterrence of crime

- protect justice and the rule of law

- set minimum standards of behaviour

protection of society - meaning

protecting the public and society as a whole from criminal or dangerous behaviours.

deterrence of crime - meaning

preventative measures that stop people from committing crimes, and put the repeat offenders in jail.

protect justice and the rule of law - meaning

ensures all people including law makers in parliament follow/are equal before the law.

set minimum standards of behaviour - meaning

provides guidelines of what is okay to do, not just by the law, but by society as well.

actus reus - definition

actus reus refers to a latin term meaning 'guilty act' that forms the physical element of a crime and refers to the physical acts of omissions the offender must have undertaken as part of a crime.

mens rea - definition

mens rea refers to a latin term meaning 'guilty mind' that forms the mental element of a crime and refers to an offender's awareness of their criminal behaviour and its potential consequences.

summary offence - definition

a summary offence is a minor criminal offence usually heard in the Magistrates' Court.

indictable offence - definition

an indictable offence is a serious criminal offence generally heard by a judge and jury in the County or Supreme Court.

age of criminal responsibility - definition

age of criminal responsibility is the age at which the law considers a child capable of understanding their wrongful actions and therefore, the age at which a child can face criminal charges.

high court of australia - type of offence

n/a

high court of australia - type of jurisdiction

original and appellate

high court of australia - example

disputes between states and territories

supreme court of appeal - type of offence

indictable

supreme court of appeal - type of jurisdiction

appellate

supreme court of appeal - example

appealing against a sentence claiming it is too harsh

supreme court trial division - type of offence

indictable

supreme court trial division - type of jurisdiction

original

supreme court trial division - example

murder

county court - type of offence

indictable

county court - type of jurisdiction

original and appellate

county court - example

sexual assault

magistrates court - type of offence

summary

magistrates court - type of jurisdiction

original

magistrates court - example

- drink driving

- tresspassing

original jurisdiction - definition

original jurisdiction is the legal power of a court or other authority to hear a case for the first time.

appellate jurisdiction - definition

appellate jurisdiction is the legal power of a court to review a decision of a lower court or tribunal on appeal.

reasons for a court hierarchy - reasons

- specialisation

- administrative convenience

- appeals

specialisation - definition

specialisation is the process of a court developing expertise on a particular area of law hearing similar matters regularly.

administrative convenience - definition

administrative convenience is the systematic benefit derived from legal matters being distributed amongst the courts according to their complexity and severity.

appeals - definition

appeals is a legal process that a dissatisfied party may pursue to have a court's decision reviewed by a higher court.

sanction - definition

a sanction is a penalty imposed by a court, or an authorised body, on an offender when they plead guilty or are found guilty of a crime.

fine - definition

a fine is a sanction that requires an offender to make a monetary payment as a penalty for a criminal offence.

community corrections order - definition

community corrections order is a non-custodial sanction that is served by the offender in the community with certain conditions attached.

imprisonment - definition

imprisonment is a sanction that removes an offender from the community and places them in prison for a given period of time.

3 types of sanction

- fine

- cco

- imprisonment

punishment - definition

punishment is the infliction of pain or loss to ensure an offender is adequately penalised and held accountable.

deterrence - definition

deterrence is the action of discouraging an offender, or other individuals, from reoffending of committing similar crimes, through the imposition of a criminal sanction.

denunciation - definition

denunciation is the act of publicly condemning an offender's criminal behaviour.

protection - definition

protections is the act of ensuring offenders do not pose a significant risk to the welfare and safety of their victims and broader society.

rehabilitation - definition

rehabilitation is the act of restoring an offender to normal life as a law-abiding member of the community after they have engaged in criminal activity.

fines - purposes

- punishment

- denunciation

cco - purposes

- protection

- rehabilitation

imprisonment - purposes

- protection

- deterrence